Fallen Tree - Are We Responsible For Clear Up?

[yinyang]

There is a public footpath on the other side of our back fence and last nights strong winds have brought one of the trees from the path down. It has landed right where our house meets the neighbours and is lying partly on our neighbours shed roof ( thankfully it doesn't seem to have damaged the shed) with a lot of it hanging into out garden.
If I phone the council to ask them to clear it away are they just going to tell me to get stuffed? The tree is 25-30 feet high and covered with ivy so it's really not something my husband and I could just pick up and get rid of. It's also brought down part of our fence ( although it was needing replaced anyway )

We're in Scotland if that makes a difference, and so close to a boundary that the two entrances to this footpath are in different Local Council areas.
Any advice greatly appreciated.

[ludwig]

I would have thought if the tree was on someone else's land to start with, ie the council's, then it belongs to them, so if it fell onto your property, they need to remove it and pay for any damage. I don't know though to be honest.

[woofgang]

yes, owner of tree is responsible for clearing it away and repairing damage. As a private tree owner, i am well aware of this and am insured accordingly.

[yinyang]

Thank you Ludwig and Woofgang. I knew if the tree came from a private garden the owner would be responsible but wasn't sure if the Council would find some way to get out of it - especially as it's going to be a very tricky job for them.

[buildersmate]

The owner of the land on which the tree is located is responsible.
If the tree is on a public right of way, the local authority should be responsible, though it can be a grey area if a public footpath runs across land owned by one landowner.
That's in England and Wales. No idea if Scotland is different.

[yinyang]

Thanks buildersmate. I've just spoken to the council and they'll send somebody round to have a look so fingers crossed it will get sorted soon.